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re: Lawsuit filed in "Alabama Teabagging" Incident

Posted on 5/4/12 at 10:36 am to
Posted by Lonnie4LSU
Baton Rouge
Member since Aug 2008
9525 posts
Posted on 5/4/12 at 10:36 am to
quote:

And people want to know why this country is headed so badly in the wrong direction.


Expecting a business to NOT allow a sexual battery to take place on their property is an example of the country headed in the wrong direction???

Anyone witnessing such an act and not stepping forward in some way to stop/report it is where you can find the real pussies.

Posted by Geauxld Finger
Baton Rouge
Member since Jan 2005
31708 posts
Posted on 5/4/12 at 10:42 am to
quote:

How is it the place of business fault? if the defendant cant control his drinking why should the place of business be responsible for his well being.


Because it's on them to stop criminal behavior within their store. They are extremely liable for this. They could have done each of the following:

1. Gotten the drunk guy out via ambulance or police
2. As soon as people started fricking with the drunk LSU guy, an employee could have stopped it

They chose to do neither. They are liable.
Posted by Sev09
Nantucket
Member since Feb 2011
15558 posts
Posted on 5/4/12 at 11:46 am to
Common law practice. When you sue an individual for an incident, you also sue the business/owner of the establishment the act took place in. You sue more people and for more money than you expect to get. Maximize lawsuit gains. It's what lawyers tell people to do. And its the smart thing to do. He's suing the business too because who's to say Brian Downing isn't a washed up loser that doesn't have any money?
Posted by rockybalboa
Member since Jun 2009
229 posts
Posted on 5/4/12 at 1:11 pm to
quote:

Well you're obviously not old enough to sue on your own behalf. Therefore your opinion is likely worth nothing.


Actually im quite old enough to do any and everything on my own behalf, Mr. Stamp. Sorry if im not into suing people over stupid shite to acquire wealth. Maybe if your son wasnt so drunk that he passed out in a public restaurant he wouldnt have douchebags putting their nutsack on his face?
Posted by D500MAG
Oklahoma
Member since Oct 2010
3736 posts
Posted on 5/4/12 at 1:37 pm to
lets assume you have a daughter that gets drunk and passes out

guess whatever happens is her fault?
Posted by Funky Tide 8
Tittleman's Crest
Member since Feb 2009
52685 posts
Posted on 5/4/12 at 1:58 pm to
quote:


Actually im quite old enough to do any and everything on my own behalf, Mr. Stamp. Sorry if im not into suing people over stupid shite to acquire wealth. Maybe if your son wasnt so drunk that he passed out in a public restaurant he wouldnt have douchebags putting their nutsack on his face?


I'm with you on this one. Seems sleazy. 'merica.
Posted by Funky Tide 8
Tittleman's Crest
Member since Feb 2009
52685 posts
Posted on 5/4/12 at 1:59 pm to
quote:

lets assume you have a daughter that gets drunk and passes out

guess whatever happens is her fault?


Its pretty obviously not the same situation.
Posted by TheCaterpillar
Member since Jan 2004
76774 posts
Posted on 5/4/12 at 2:01 pm to
quote:

Actually im quite old enough to do any and everything on my own behalf, Mr. Stamp. Sorry if im not into suing people over stupid shite to acquire wealth. Maybe if your son wasnt so drunk that he passed out in a public restaurant he wouldnt have douchebags putting their nutsack on his face?



2 people made poor decisions here.

1 persons decision affected just himself.

The 2nd person's decision affected an incapacitated stranger. He is being charged and rightfully so.

Whether or not Krystal should be at fault here depends on whether the employees saw this and did nothing or participated in it in anyway by egging it on. If they had no knowledge of this, which I am guessing is the case since I've been to that Krystal on crowded FQ weekends, they should not be at fault.

That place is bedlam when it's crowded. It would be unfair to assume they can control everything that happens in there.
Posted by TheCaterpillar
Member since Jan 2004
76774 posts
Posted on 5/4/12 at 2:03 pm to
quote:

lets assume you have a daughter that gets drunk and passes out

guess whatever happens is her fault?


Its pretty obviously not the same situation.




actually, technically, in the eyes of the law, it is the exact same thing.


And plus incapacitated means incapacitated. Man and women are equal at that point IMO. 100% vulnerable without a way to defend themselves.

I probably wouldn't sue Krystal unless I saw a worker or something videoing and participating in the shenanigans.
Posted by Funky Tide 8
Tittleman's Crest
Member since Feb 2009
52685 posts
Posted on 5/4/12 at 2:07 pm to
quote:


actually, technically, in the eyes of the law, it is the exact same thing.

true

quote:


I probably wouldn't sue Krystal unless I saw a worker or something videoing and participating in the shenanigans.



this.
Posted by TenTex
Member since Jan 2008
15949 posts
Posted on 5/7/12 at 3:58 pm to
Why does everyone assume the victim was drunk? Yeah, maybe he drank early in the day and was just very tired? I don't see how anyone can prove he was drunk. The guy was sleeping.
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